I think that this is drawing a pretty long bow on derivitive works. If I draw a stick figure and write Strawberry Shortcake underneath is that a derivitive work? I suggest not.
What if I draw a picture of a strawberry on it? Again, I'd say no. The hat's pretty similar I'll grant you, but the rest? I'm sure that American Greetings would be very quick to agree that they are quite different.
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I think that this is drawing a pretty long bow on derivitive works. If I draw a stick figure and write Strawberry Shortcake underneath is that a derivitive work? I suggest not.
What if I draw a picture of a strawberry on it? Again, I'd say no. The hat's pretty similar I'll grant you, but the rest? I'm sure that American Greetings would be very quick to agree that they are quite different.